Single judge allows IA for condonation of 93-day delay in appeal citing Apex Court order on COVID-19 pandemic. Registers appeal for hearing on 21.12.2022.
IA. 311 of 2021 allowed; delay condoned; appeal registered for hearing on 21.12.2022.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
(Appl. No. 41 of 2021)
(IA 311 OF 2021) (IA 455 OF 2021)
(Arising out of S.A. 10 of 2019 in DRT-Visakhapatnam )
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA
CHAIRPERSON
07.09.2022
Canara Bank
… Appellants
-Vs-
M/s. Varasiddi Vinayaka Cotton Mill … Respondents
Ms. Aparajita Ghosh, learned counsel for the Appellant. Mr. G. Punna Reddy, learned counsel for the respondent. Mr. P.K.Mukherjee, learned counsel for auction purchaser.
THE APPELLATE TRIBUNAL :
I.A. 311 of 2021 has been filed by the appellant u/s 5 of the Limitation Act seeking condonation of delay of 93 days in filing the appeal on the ground of COVID 19 Pandemic. Learned counsel for the appellant has placed reliance on the Hon’ble Apex Court judgement in Suo Motu Writ Petition No. 03 of 2020 dated 10.01.2022 whereby exemption of period of 90 days from 01.03.2022 was granted.
Having heard the learned counsel for the parties and in view of the judgement delivered by Hon’ble Apex Court I find ground explained in the I.A. is sufficient for condonation of the delay in filing the appeal. Accordingly, I.A. No. 311 of 2021 is allowed. Delay is condoned. Appeal be registered by supplying regular number.
Objection be filed by the respondent within three weeks with advance copy to the appellant who may file rejoinder within two weeks thereafter.
List the matter on 21.12.2022 for hearing the appeal.
(Anil Kumar Srivastava,J) Chairperson
Dated: 9th September, 2022 02/pkb
1 issue framed by the court
Whether the ground of COVID-19 pandemic constitutes sufficient cause for condonation of a 93-day delay in filing the appeal under Section 5 of the Limitation Act.
Colour shows how this judgement treated each authority
Suo Motu Writ Petition No. 03 of 2020 dated 10.01.2022Relied on¶14
Canara Bank
M/s. Varasiddi Vinayaka Cotton Mill
Anil Kumar Srivastava
As recorded by the court registry
10 orders share this CNR
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